11 Pages Posted: 2 Mar 2006 Last revised: 21 May 2014
The seeming oxymoron of the title describes a preference for more popularly responsive rule, i.e., federalism, but by the least democratic subnational governmental unit-state judiciaries. In this short essay, Professor Lee introduces the concept of countermajoritarian federalism and suggests that it may explain Justice Stevens' jurisprudence of federalism.
Keywords: federalism, Justice Stevens, state judges
JEL Classification: K1, K2, K3, K4
Suggested Citation: Suggested Citation